1 IN 20 WORKERS IS A MIGRANT WORKER

Migrant woman wearing headscarf looking back through crowd

There are 169 million migrant workers in the world meaning 1 in 20 workers is a migrant worker.

Migrant workers are a ubiquitous feature of global supply chains and a vital part of the global economy.

The absence of global, regional, or even bilateral policy agreements on the global movement of labour between countries of origin, transit, and employment creates governance gaps that leave migrant workers vulnerable to human rights abuse.

Any business enterprise that uses migrant workers either directly or in extended supply chains must undertake appropriate human rights due diligence to ensure the rights of those workers are respected.

Migrants picking in a field

CLICK & DISCOVER

Core Principle A A
Equal treatment
no discrimination

DHAKA PRINCIPLES

for migration with dignity
Core Principle B B
All workers enjoy
the protection of
employment law

Core Principle A

Equal treatment no discrimination

Migrant workers should be treated no less favourably than other workers performing the same or similar work. Moreover, migrant workers should be protected from any discrimination that would constitute a violation of human rights.

Migrant workers often experience unequal treatment in many aspects of their employment. They are frequently paid less than other workers and perform work under less favourable conditions. These conditions can include lower rates of compensation including overtime rates, less favourable working times, little or no access to training or promotion, less protection from workplace hazards, unfavourable allocation of tasks, discipline, less access to health care and social protection, or the provisions of collective agreements that apply to other workers performing the same or similar work. Such practices can render migrant workers a second or lower tier of the workforce.

Migrant workers are frequently discriminated against in other ways, ranging from disregard for religious beliefs, cultural practices and dietary requirements, to wider discrimination on the basis of their race, colour, caste, sex, sexual orientation, maternity, religion, health, political opinion, national extraction, or social origin. In countries where forms of discrimination are legally sanctioned, employers or migrant recruiters sometimes violate the human rights of migrant workers and justify it on the basis of the national law or the legal status of the worker.

Some categories of migrant workers are acutely vulnerable to unequal treatment. Migrant workers who become undocumented through no fault of their own, such as married women who lose their legal status upon a husband’s death, are at particular risk. Employers have been known to take advantage of this undocumented status and to discriminate against workers under threat of deportation. Migrant workers that become pregnant are also often dismissed without payment of outstanding wages or the means to travel home. These workers often lack access to any form of legal protection or remedy and are particularly vulnerable to further exploitation.

Core Principle B

All workers enjoy the protection of employment law

Migrant workers should have a legally recognised employment relationship with an identifiable and legitimate employer in the country where the work is performed.

Migrant workers are vulnerable to abuse without the protection of law, and are at particular risk where the placement and recruitment of workers is outsourced to third parties that are not legally recognised as employers in the country where the work is performed. The principle means by which workers are protected is through labour or employment law, which is distinct from the law that applies to commercial relationships.

The application of labour or employment law is based on the recognition of an employment relationship, which creates a legal link between the employee and the employer. Employment law is usually designed to protect the rights and outline the responsibilities of workers and employers and creates a framework to ensure that workers have protection from exploitation, while recognising the mutual obligations of both parties to uphold the terms of any contract between them. Irrespective of how the law is defined in a particular country, the employment relationship is a universal concept. It is among the most important means by which society ensures that workers’ rights are protected and employment relationships are fair and just.

Much of the exploitation and abuse of migrant workers is possible because the work is performed outside of the legal framework intended to protect workers. In order for workers to have the protection of law and access to justice their work must be performed within a legal framework in the country in which the work is undertaken. Because both parties in an employment relationship must be recognised, the employer must be identifiable and legally recognised as such within the country where the work is performed. The employer must be a business enterprise capable of assuming the legal obligations of the employer established in national law. With respect to domestic work the employer need not be a business enterprise but needs to be capable of assuming the legal obligations of an employer.

Principle 1

No fees are charged to migrant workers

The employer should bear the full costs of recruitment and placement. Migrant workers are not charged any fees for recruitment or placement.

Migrant recruiters frequently charge fees to workers for recruitment and placement. Placement fees may include travel, visa and administrative costs, and other assorted unspecified ‘fees’ and ‘service charges’. Sometimes the fees are treated as loans with high rates of compound interest. These practices lead many migrant workers into heavy debt to secure a job and can increase vulnerability to exploitation, including debt bondage, forced labour and human trafficking.

After arrival in the country the worker may experience non-transparent salary deductions and overcharging for essential goods and services. In some cases, this makes the migrant worker vulnerable and places them in debt. Women, who in practice earn less and own fewer assets, and in practice are granted lower status than men, are especially vulnerable to such charging.

Heavy indebtedness can seriously erode the value of remittances, with negative consequences for families back home and to the economy in the country of origin. It also means that migrant workers may be more likely to leave their jobs to find illegal but better paid work in the shadow economy of the country of employment.

Principle 2

All migrant worker contracts are clear and transparent

Migrant workers should be provided with written contracts in a language each worker understands, with all terms and conditions explained clearly, and the worker’s assent obtained without coercion.

Much exploitation of migrant workers arises from contract deception surrounding working conditions, the nature of the job, pay, benefits, hours of work, contract duration, accommodation, and personnel policies etc.

False contracts of employment, i.e. contracts that bear no relation to the subsequent workplace reality, and ‘contract substitution,’ where migrant workers find on arrival that their conditions of work or the nature of the job or wages are changed, occur often. Additions to contracts on arrival can also add unexpected and unacceptable burdens and conditions, such as hidden deductions for food, transport, longer working hours, no overtime etc.

In addition, as outlined in Core Principle B, some contracts with migrant recruiters fail to provide migrant workers with a legally recognised employment relationship in the country where the work is performed. Such contracts are unacceptable as they deprive migrant workers of all the rights and access to justice accorded to that relationship under national law.

Principle 3

Policies and procedures are inclusive

Migrant workers’ rights should be explicitly referred to in employer and migrant recruiter public human rights policy statements, relevant operational policies and procedures addressing human rights responsibilities.

Company human rights policy statements, operational policies and procedures do not always make specific reference to migrant worker rights. Companies may assume that migrant worker rights will be covered by general company policies and procedures but this is not always the case, moreover such overarching policies frequently fail to provide sufficient detailed guidance on the practical challenges encountered by migrant workers.

Migrant workers often face unique circumstances and issues directly related to their migrant status, such as contract deception or substitution, passport confiscation, or language, religious or cultural requirements that might be overlooked without explicit attention. Where migrant workers are not explicitly included in company policies and procedures, performance- tracking systems (e.g. audits) will often fail to pick up areas of particular concern and potential discrimination.

Principle 4

No migrant workers’ passports or identity documents are retained

Migrant workers should have free and complete access to their own passport, identity documents, and residency papers, and enjoy freedom of movement.

Confiscation and retention of migrant workers’ passports, visas and other working documents by employers or migrant recruiters is common. This is a contributory factor towards bonded and forced labour and human trafficking. The practice allows the employer/ broker to control workers’ freedom of movement, ability to change jobs and consequently, often compromises the worker’s willingness to complain about poor conditions.

Not being in possession of identity documents makes migrant workers vulnerable to unwarranted attention from local police and security services and can make it difficult to access consular/diplomatic assistance, banking, healthcare and other services.

If working or living conditions are hazardous or fail to live up to contractual expectations, migrant workers sometimes leave the workplace and forfeit their passports, residence and other identity documents. This increases their vulnerability, by rendering them undocumented migrant workers with no legal residence status, unable to find regular/ formal work, and without access to any medical or social services.

Principle 5

Wages are paid regularly, directly and on time

Migrant workers should be paid what they are due on time, regularly, and directly.

Migrant workers are often paid less than other workers doing the same job and denied minimum wages. Many also face discrepancies between expected and actual wages. Some employers use false accounting, unregulated payment systems, fraud and the deliberate withholding of pay that is due, as a means of exploitation and control of migrant workers.

Forced savings schemes, irregular payments, and the withholding of pay can cause serious financial difficulties for migrant workers, many of whom may have taken on considerable debt to find work. If they miss loan repayments, they can incur considerable additional penalties and go even deeper into debt. These practices adversely affect families, and indirectly, economies that rely on regular remittances from migrant workers.

In some instances employers pay wages into bank accounts that are inaccessible to migrant workers. This widespread practice can create particular problems if the employer goes out of business or terminates the worker’s contract, or at times of crisis when the worker needs funds instantly. Women migrant workers are especially vulnerable, as their wages are frequently deposited into accounts in the employer’s name or that of a working husband.

Principle 6

The right to worker representation is respected

Migrant workers should have the same rights to join and form trade unions and to bargain collectively as other workers.

Migrant workers are sometimes barred from joining trade unions or participating in other forms of workplace representation. This may be due to national laws banning unions, or due to discrimination, intimidation, preventing/failing to provide migrant workers access to the union official or worker representative, or not providing proper information in a language migrant workers can understand to inform them of their rights and choices.

Freedom of association and the right to collective bargaining are fundamental human rights. Companies that do not respect these rights are not meeting the corporate responsibility to respect human rights.

Principle 7

Working conditions are safe and decent

Migrant workers should enjoy safe and decent conditions of work, free from harassment, any form of intimidation or inhuman treatment. They should receive adequate health and safety provision and training in relevant languages.

Migrant workers often have to endure working conditions that violate their human rights. They may be subjected to physical, psychological, or even sexual abuse, or may face harassment or inhumane disciplinary measures. Migrant workers are frequently targeted to work over-time, or are forced to work excessively long hours under threat of wage deductions or dismissal.

Health and safety provision for migrant workers is often sub-standard. Migrant workers are not always included in standard company health and safety training. Language, culture, and comprehension issues often compound migrant workers’ lack of awareness of health and safety issues. Health and safety training, manuals, signage and product/ equipment labelling are often not available in languages migrant workers can understand, posing significant health and safety risks. Migrant workers may also be denied access to healthcare, including reproductive health.

Principle 8

Living conditions are safe and decent

Migrant workers should enjoy safe and hygienic living conditions, and safe transport between the workplace and their accommodation. Migrant workers should not be denied freedom of movement, or confined to their living quarters.

Migrant workers’ dormitories or shared accommodation are often cramped and unsafe, and may lack privacy or basic hygiene. Migrant workers, particularly women, may be confined to their living quarters or denied freedom of movement outside working hours. Where employers do not provide safe transport between living quarters and the workplace, migrant workers may face harassment or detention by local authorities, as well as physical or psychological abuse while travelling to and from work.

Migrant workers frequently have minimal leisure and recreational opportunities outside of work. They often receive little support (if any) in helping them adjust to the local culture or environment, or in dealing with being separated from their families and homes, which can have detrimental effects on their physical or mental health.

Principle 9

Access to remedy is provided

Migrant workers should have access to judicial remedy and to credible grievance mechanisms, without fear of recrimination or dismissal.

Many migrant workers lack access to effective remedy when their rights are abused. Migrant workers seeking any form of redress, which can range from an apology, reinstatement, restitution to compensation, often face huge challenges accessing State-run judicial mechanisms such as courts or labour tribunals, or non-judicial grievance mechanisms such as publically funded mediation services where they exist. Migrant workers in many cases do not have access to operational level (company) grievance mechanisms. There is often a lack of awareness among migrant workers of their rights to bring complaints concerning their working conditions or treatment either to State or to company mechanisms.

Migrant workers moreover may be deliberately misinformed or denied access to worker representatives who could advise them on the process to access independent legal advice; this situation is frequently exacerbated by language or cultural barriers. They may fear discrimination, intimidation, or losing their jobs and being repatriated. This fear will be particularly acute when migrant workers face financial pressures, such as a heavy debt or where wages or benefits are outstanding.

In some countries, work permits/visas are terminated the moment a migrant worker is dismissed. This can render it almost impossible for them to pursue their claims in the country where the work took place, as many judicial and non- judicial systems require migrant workers to be present during any hearings/trial. Women migrant workers may face particular obstacles, including legal constraints in some countries on their ability to use the legal system, if they wish to bring claims around unpaid wages, discrimination or sexual violence.

Principle 10

Freedom to change employment is respected, and safe, timely return is guaranteed

Migrant workers should be guaranteed provision for return home on contract completion and in exceptional situations. They should not, however, be prevented from seeking or changing employment in the host country on completion of first contract or after two years, whichever is less.

Once a migrant worker’s contract has expired, the worker is in a particularly vulnerable situation because their related work permits and right to remain in the country may legally expire. In some cases, migrant workers are left to make their own arrangements for return at their own cost. Withholding of final wages and other deductions at the end of employment is a recurrent problem. Migrant workers lack leverage with former employer to pursue claims for payments due once contracts are completed and work permits may have expired.

Contrary to international labour standards, migrant workers are sometimes prevented from seeking or changing employment in the host country due to restrictions placed on them by business enterprises that go beyond any found in national law.

COMMENTARY SERIES

“Significant initiatives…[such as] the ILO General Principles and Operational Guidelines for Fair Recruitment and the IOM IRIS Ethical Recruitment Initiative, are increasingly referencing the Dhaka Principles.”
Picture of Neill Wilkins

Introduction by Neill Wilkins, Head of Migrant Workers Programme, IHRB.

“The problems of discrimination for migrant workers are compounded by their migrant status...The situation facing migrants is not improving.”
Picture of Guna Subramaniam

Core Principle A by Guna Subramaniam, Southeast Asia Regional Advisor, IHRB.

“The Dhaka Principles’ Core Principle B is critical from a human and labour rights perspective as it clearly recalls that all workers, including migrant workers, have labour rights stemming from their status as workers, and should be protected by law.”
Picture of Michelle Leighton

Core Principle B by Michelle Leighton, Chief Labour Migration, ILO.

“Evidence continues to demonstrate that the debt burden migrant workers carry from excessive recruitment fees and costs exacerbates their vulnerability and places them at heightened risk of forced labour.”
Picture of Rachel Munns

Principle 1 by Rachel Munns, Responsible Sourcing Manager, Tesco.

“As more employers get on board with this model of responsible recruitment, guided by the Dhaka Principles, we will start to see a snowball effect as accelerating, positive change takes hold in the agricultural industry.”
Picture of Joe Martinez

Principle 2 by Joe Martinez, CEO, CIERTO.

“Policies and Procedures that are inclusive of migrant workers is arguably the first step that every business should take in order to meet its responsibility to respect migrant-worker rights.”
Picture of Maximilian Pottler

Principle 3 by Maximilian Pottler, Head of Labour Mobility and Human Development, IOM, Thailand.

“The Dhaka Principles, as a voluntary framework on migrant workers’ rights, recognised that a transnational phenomenon like people leaving for work abroad needed a systemic understanding rather than a piecemeal approach.”
Picture of  Adrian Pereira (CEO) & Manishankar Prasad

Principle 4 by Adrian Pereira (CEO) & Manishankar Prasad, ESG Consultant North South Initiative.

“Wage violations... do not occur randomly, but are a logical outcome of contemporary business models and supply chain dynamics and clearly traceable to commercial practices and pressures.”
Picture of Jill Wells

Principle 5 by Jill Wells, Senior Policy Advisor, Engineers Against Poverty.

“Securing the rights of all workers, including migrant workers, and ensuring a Just Transition to new economic and environmental models, will require the support of forward thinking and effective trade unions.”
Picture of Julia Batho

Principle 6 by Julia Batho, Deputy Chief Executive, IHRB.

“As we reflect on the ten-year anniversary of the Dhaka Principles, we must recommit to advocating for the full range of rights and decent conditions for migrants.”
Picture of Shawn MacDonald

Principle 7 by Shawn MacDonald, CEO, Verité.

“The situation facing migrant workers in Singapore during Covid illustrates why Principle 8 needs to be understood in broader terms. What constitutes safe, decent and hygienic living conditions?”
Picture of Alex Au

Principle 8 by Alex Au, Treasurer, Transient Workers Count Too.

“Few companies give access to remedy...migrant workers are often not aware that they exist (grievance mechanisms), and if they are known, they do not trust that they could be of help or are unable to access them.”
Picture of Archana Kotecha (CEO) & Danette Chan (Sr. Associate)

Principle 9 by Archana Kotecha (CEO) & Danette Chan (Sr. Associate), The Remedy Project.

“ Restrictions on the ability to change employers, particularly when the right of migrant workers to remain and work in a country is tied to a specific employer, result in power imbalances that risk exposing migrant workers to worse employment conditions an”
Picture of Diana Mrowka

Principle 10 by Diana Mrowka, Project Officer, IRIS Secretariat, at IOM..

Discover the Full Series of Commentaries for
10 Years of the Dhaka Principles

To acknowledge the anniversary, throughout 2022, IHRB reflected on each Principle. Guest experts shared their views on progress to date and the challenges remaining for each Principle to become fully realised in the everyday lives of migrant workers around the world.

TRANSLATIONS

The Dhaka Principles are available in a large number of languages. Search your language and download the translation below.

translated Dhaka Principle wheels

IMPLEMENTATION GUIDE

IHRB has produced produced a detailed Implementation Guide to support companies and other actors implement the Dhaka Principles in their everyday business. Download for additional resources, background information, and guidance.